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Explainer: Inside govt’s proposal to register stateless persons living in Kenya

Explainer: Inside govt’s proposal to register stateless persons living in Kenya
Kenyans passports. PHOTO/ @KindikiKithure/X

The government is considering a new law that could create an official list of stateless people living in the country.

The proposal is contained in the Kenya Citizenship and Immigration (Amendment) Bill, 2025, which seeks to change parts of the Kenya Citizenship and Immigration Act.

The bill, sponsored by Owen Baya, the Member of Parliament (MP) for Kilifi North, aims to improve how stateless people are identified and supported in Kenya.

One of its main proposals is the creation of a national register for people who are not recognised as citizens by any country.

If the bill becomes law, the Cabinet Secretary in charge of foreign affairs will be required to maintain this register. The list would help the government keep official records of stateless individuals and better understand the scale of the problem.

Statelessness occurs when a person is not considered a citizen by any country under its laws. In Kenya, some communities have lived in the country for generations but still lack formal nationality documents.

Burundi, Rwanda lawyers to practice in Kenya, if bill sails through
Kilifi North MP Owen Baya.
PHOTO/https://www.facebook.com/OwenYaaBaya/

Under current laws, stateless people who have lived in Kenya continuously since Kenya’s independence on December 12, 1963, can apply to become citizens. However, they must meet several conditions.

These include being able to speak Kiswahili or a local language, having no serious criminal record, understanding the rights and duties of citizens, and declaring their intention to permanently live in Kenya.

The proposed amendments seek to make this process easier. For example, the bill removes the requirement for applicants to declare that they will permanently stay in Kenya after getting citizenship.

MPs during the session at the National Assembly. PHOTO/https://www.facebook.com/Parliament of Kenya
MPs during the session at the National Assembly. PHOTO/facebook.com/Parliament of Kenya

It also expands the language requirement so that applicants can communicate using Kiswahili, a local dialect, or communication tools suitable for people with disabilities.

Another key change is the removal of the strict application deadline. Current law requires stateless persons to apply for citizenship within seven years after the law took effect, although the government could extend this period by three years through a Gazette notice.

The new bill would eliminate this time limit. It also removes similar deadlines that affected migrants who voluntarily moved to Kenya before independence.

The legisltaion come at a time when there are growing concerns over the reports that a sanctioned Sudanese national, accused of funding the war in Sudan, was found in possession of a Kenyan passport.

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